Food may be examined or sampled by the Health Department as often as may be necessary to determine freedom from adulteration or misbranding. The Health Department may, upon written notice to the owner or person in charge, place a hold order on any food which is or may be unwholesome or otherwise adulterated, or misbranded. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the Health Department, and neither such food nor the containers thereof shall be re-labeled, re-packed, reprocessed, altered, disposed of, or destroyed without permission of the Health Department, except of order by a court of competent jurisdiction. Upon determining the wholesomeness or verifying the labeling of a product, the Health Department may vacate the hold order, or may, by written order, direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of this chapter; provided that such order of the Health Department to denature or destroy such food or bring it into compliance with the provision of this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within three days.
(Ord. 94.50, passed 6-13-1994; Ord. 0-97.5, passed 11-10-1997)